New-York tribune., 1887-05-15
THE CEASE GIVEN TO THEJURY
CLOSING THE TRIAL OF THE EvEREsrs.
MILLER CHARGED WITH DETERMINATION TO
apowN THE EvEREsTs"-A MOTION FOR Ac-
oryfTrAI AGAIN DENIED.
Ter TELEGRAPH TO THE TRrBUNE.J


ermne this evening Tie features Of the day were the
testimony good character of the defendants the
arguments OF counsel and the Judges charge Ohlteo
States District Attorney Lockwood made powerful
srraignment who he said were the original con-
sprators the case the prosecuting witnesses instead
Of the defendants District Attorney Qunbys argument
was a strong presentation Of his evidence. He did not
expect a conviction on the evidence OF Matthews and
Miller alone, except that in many cases II was corroo
grated. The remaining evidence In the was con-
cluded at morning session II shown that In the
first six months the Buffalo Company used some lsooo
barrels of crude petroleum The following prominent
citizens testified TO the good character OF
the two Evercss: Cornelius K Parsons Mayor ior
eleven years Charles r. Pond Of the Rochester savings
Bank; Alfred Wright perfumer Daniel W. Powers'
banker; Samuel Sloan, John II. Rochester, banker,
whose grandfather founded city; William s. Kimbal,
the tobacconst Rufus A. sbley dry goods and Colonel
Louis Ernst hardware merchant Albert A. Miller,
recalled, testified:
o-Do you know A. II. Dennis. of California 2 A.
Q.-You had a farm in California in 1871 Ayes,
Dd you September 1851 at your farm say q to i Mr.
Dennis that you would down the EVeresls IL " cosV
your lfei A.-No sir never
Augustus H. Dennis of California. was then recalled 10
o'Nbd You have conversation with Miller at his
farm in California In 1851 A--1es, SIT. L., A.
Odd he make the remark that he would down tho
Eycrests If it cost him his llfei Ayes sir, he did
At this point Attorney Coggswe stated that the defence
we're ready their but desired the privilege
Of calling two Rochester men when they ar
rived in this city trains to give further testimony
TO the good standing OF the Everests at home Hiram
Benedict Of ockport of the board OF directors and
treasurer OF the Buffalo Lubricating Oil Company, was
next called for the prosecution.
Mr. Quimby-Do you know Alfred p. Wright A
Q-And J. Scott wilsoni Ayes, sir. $1,000.
Wright and Matthews in Moores Office, senecast in
o.Dwere the Vacuum oil law suits and indictments
talked over theni A.-les Sir ,,,,..S.
Odd Matthews say ANYTHING about wlt9dtawVg' 'ne
prosecutions against the Vacuum Company A'-hes'
o-what was the conversation A-Mr. Wright said
hewould get us good price, provided would with
iraw the civil and criminal suits. Matthews told him
Company they could do what they wanted to with the
siy but that the criminal suits were in the hands
Of the people.
Mr. Benedict said that Scott Wilson was never super
mtendent of the Buffalo works
Q.-what did he do about the works A.-Principally
talk, Iar as | could tell.
Ronedict said that Wilson never was stockbolder in
the Buffalo works Then he was shown contract as
follows:
BUFFALO, May ., 1881
Received of John s. and John @. Wilson 800 10 per
cent 81 subscribed this day to the capital stock
Of the Buffalo Lubricating Oil Company qImiteol;
G. Il. MATTHEWS Stock Commissioner
Mr. Benedict was positive, however, that stock
was ever issued to wilson
c. h. Matthews recalled
Q-Plcase state whether you were in Philadelphia in
1884 or 1885. Al was not
Q.-Low do you knOwi A--By my diary. have ex-
Q."Do You know William Alisoni A.--Yes, sir.
Ole speaks about meeting you in 1883 Al met
him. -.
Qd you say ythng to hm in regard % to the sale
OF tne Lhneang % Od W1hs S tired of carrvIna on the oil
business and II l was In your place, would get out
said him, 81 would rather sell out than be crushed
o-what about that s25o.Ooo proposition of his
Ale asked me about the stock or our company. i
said directors thought the works were worth
100000 lie GSGst a too ,Sd 4G eS se s
Company had done US said that ! would suspend tne
civil actions but the criminal actions were out OF our
fQ~Dd you ever say to them that if would pay you
your price you would fix mp the criminal actionsi
Al did not say anything of the kind
When the testimony closed. Mr.. Coggswen moved
an .acqutta of Messrs Everest the ground that an
injury to trade and must be public and not
an individual injury. The statue changed the common
law The New-YOrk having been eliminated from
the case, it private controversy between
rival companies and did not constitute an offence,
assuming that the had been made out There was
10 overt in Erie County and the only act charged was
on June l5, 1881. No matter how that act was con-
strued onspiracy to injure private party not
indictable Unless indictabe acts done it
was public concern.
Judge Haght said the question first presented was a
new would like TO consider it carefully lie
denied the motion and gave the defence exception in
case an appeal should be necessary United States At
torncy Daniel " Lockwood made argument in behalf
of the defence finishing at 3 p IN. He said that he
wanted to be told why turncoat Miller had not been
Gregor and Rogers brought to the bar without
scnta of evidence which TO base in iictnent. 1t
was mysterious. While nothing wrong was charged
against the prosecution there reasons why Mat
thews did want Miller indicted What wsrc they
Miller wanted witness and II he were indicted
he would convict himself the story that he told He
was wanted too In thres four civil that had
been started bleed blackma these defendants Mr.
Lockwood denounced Mr.. Matthews as a natura-born
cOnsprtor who was made to serve the devil by getnng
honest into trouble, and he had faithfully fulfilled
the purpose his construction The law being used
by Matthews, he sad club to get 100000 for pr p
erty worth only $4,000 II human nature to try 10
get money Miller a tool in Matthewss hands. The
prosecution said that the Standard Oil Companys path
way was strewn with ruins OF rcneres and the wrecks
OF mankind, but there evidence TO that erect
The evidence against the Everess was only fiinsy
texture OF insinuations. They trial as ndvidu
ais and were unconnected with the Standard Oil Com
pany which not trial. Mr. lockwood reviewed
history of the organization of the Buffalo Company
by ana characterized il as the formation OF
conspiracy against the Everests. Matthews intended
TO sell to the Standard Oil Company for big price,
so that he would not have 10 work any more. The
countenance OF Matthews menace to trade and
commerce He could hardly tell the truth and his evi
deuce was cOntradicted by half dozen witnesses who
had no object in swearing falsely Miller, the other
material witness, confessed periurer and was
watched by detective TO keep him from run
ming away The Criminal Court being used to satisfy
Matthewss greed at the expense OF the taxpayers.
Nothing criminal had been proved and Matthews should
be made TO fight this business litigation II he had
suffered any njtry in the civil courts. Mr. lockwood
rdicuei idea OF explosion being produced by the
safety valve blowing off
District Attorney Qumby spoke two hours for the
prosecution claimed that he had produced sufficient
evidence show that Eyerests had tried to destroy
the Buffalo works. He denounced the methods OF the
Standard Oil Company and said that he had been abused
like pchpock't by opposing counsel because he had
brought Mr. Rockefeller from NewYork TO testify to the
connection of the defendants with the Standard OH
Trust The Standard he kencd to octopus which de-
vourcd opposed and crushed out all opposi-
lion. Lawyer Truesdale's evidsnoe that Everest had
consulted him about the extent TO which Miller could 60